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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1103/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1103/96

Dental Regulations
under the
Dental Act
(O.C. 96-941)

Under the authority of section 20 of the Dental Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Licence classes prescribed

        3.   General licence

        4.   Provisional licence

        5.   Specialists

        6.   Qualifications of specialists

        7.   Fee administration

        8.   Fees

        9.   Proration of fees

      10.   Penalties

      11.   Cancellation through non‑payment of fees

      12.   Remission of fees

      13.   Change in address

      14.   Professional misconduct

      15.   Board meetings

      16.   Disciplinary hearing

      17.   Records

      18.   Register

      19.   Specialty Register

      20.   Repeal


Short title

        1. These regulations may be cited as the Dental Regulations.

108/93 s1

Licence classes prescribed

        2. The following classes of licences are prescribed:

             (a)  general; and

             (b)  provisional.

108/93 s2

General licence

        3. (1) The requirements and qualifications for issuing or re‑issuing a general licence to an applicant, in addition to those described in section 18 of the Act, are

             (a)  payment of the registration and licence fees prescribed by the board;

             (b)  reasonable fluency in the English language;

             (c)  evidence that the applicant is not subject to an outstanding penalty respecting a finding of professional misconduct and that there are no current proceedings against the applicant for professional misconduct;

             (d)  completion of an application for a general licence on a form that shall be supplied by the registrar;

             (e)  Canadian citizenship or permanent resident status in Canada;

              (f)  successful completion before the study of dentistry of a preliminary or matriculation examination approved by the board;

             (g)  successful completion of pre‑professional education at Memorial University of Newfoundland or at an academic institution approved by the board;

             (h)  unless otherwise agreed by the board, the holding of certificate of the National Dental Examining Board of Canada or the successful completion of another examination that the board may determine;

              (i)  a degree in dentistry from a university in Canada, or the completion of the entire course of studies required by and holding of a degree or diploma in dentistry or dental surgery from a university, college or school of dentistry or dental surgery outside Canada recognized and approved by the board;

              (j)  evidence satisfactory to the board of compliance with guidelines for mandatory continuing education as may be approved by the board, copies of which will be provided to each practitioner; and

             (k)  evidence satisfactory to the board that the practitioner is covered by or under a current and valid policy of professional malpractice insurance with a level of coverage equal to or greater than the minimum amount of coverage as determined and approved by the board.

             (2)  It is a condition of every general licence that where the holder of the licence has not engaged in the practice of dentistry for a period of 3 years, the holder shall not engage in the practice of dentistry until the board has reviewed his or her qualifications.

             (3)  The holder of every general licence who is in active practice shall display his or her certificate of registration in his or her professional office in an area where it can be readily seen by his or her patients.

108/93 s3; 217/94 s1

Provisional licence

        4. (1) The requirements and qualifications for the issuing or re‑issuing of a provisional licence to an applicant, in addition to those described in section 19 of the Act, are

             (a)  completion of the entire course of studies required by and the holding of a degree or diploma in dentistry or dental surgery from a university, college or school of dentistry or dental surgery outside Canada recognized and approved by the board;

             (b)  completion of an application for a provisional licence on a form that shall be supplied by the registrar;

             (c)  payment of the registration and licence fee prescribed by the board;

             (d)  reasonable fluency in the English language;

             (e)  evidence that the applicant is not subject to an outstanding penalty respecting a finding of professional misconduct and there are no current proceedings against the applicant for professional misconduct;

              (f)  Canadian citizenship or an employment visa under the Immigration Act (Canada);

             (g)  evidence satisfactory to the board of compliance with guidelines for mandatory continuing education as may be approved by the board, copies of which shall be provided to each practitioner; and

             (h)  evidence satisfactory to the board that the practitioner is covered by or under a current and valid policy of professional malpractice insurance with a level of coverage equal to or greater than the minimum amount of coverage as determined and approved by the board.

             (2)  It is a condition of every provisional licence granted under section 19 of the Act that the applicant be restricted to the practice of dentistry in a locality approved by the minister.

             (3)  It is a condition of every provisional licence that where the holder of the licence has not engaged in the practice of dentistry for a period of 3 years, the holder shall not engage in the practice of dentistry until the board has reviewed his or her qualifications.

             (4)  The holder of every provisional licence who is in active practice shall display the certificate of registration in his or her professional office in an area where it can be readily seen by his or her patients.

108/93 s4; 217/94 s2

Specialists

        5. The class of specialists set out in Column 1 of the following Table opposite the name of the branch of dentistry set out in Column 2 of the Table is the class of specialists in that branch of dentistry:

TABLE

 

COLUMN 1

COLUMN 2

ITEM

Class of Specialists

Branch of Dentistry

1.

oral and maxillofacial surgeons

oral and maxillofacial surgery

2.

orthodontists

orthodontics

3.

paedodontists

paedodontics

4.

periodontists

periodontics

5.

public health dentists

dental public health

6.

endodontists

endodontics

7.

oral pathologists

oral pathology

8.

oral radiologists

oral radiology

9.

prosthodontists

prosthodontics

108/93 s5

Qualifications of specialists

        6. (1) The qualifications for specialists in a branch of dentistry are

             (a)  completion of an application for a specialist certificate in the branch of dentistry on a form that shall be supplied by the registrar;

             (b)  successful completion of the examinations set or approved by the board at the time of the application;

             (c)  good standing with the board;

             (d)  in the specialty of

                      (i)  oral and maxillofacial surgery, successful completion of 36 consecutive months of full‑time instruction in an oral and maxillofacial surgery program, approved by the board,

                     (ii)  orthodontics, successful completion of a diploma or degree program in orthodontics consisting of a minimum of 22 consecutive months of full‑time instruction, approved by the board,

                    (iii)  paedodontics, successful completion of a diploma or degree program in paedodontics consisting of a minimum of 22 consecutive months of full‑time instruction approved by the board,

                    (iv)  periodontics, successful completion of a diploma or degree program in periodontics consisting of a minimum of 22 consecutive months of full‑time instruction approved by the board,

                     (v)  dental public health, successful completion of a diploma or degree program in public health consisting of a minimum of 8 consecutive months of instruction by a school of public health, approved by the board, followed by completion of 2 years public health experience acceptable to the board,

                    (vi)  endodontics, successful completion of a diploma or degree program in endodontics consisting of a minimum of 22 consecutive months of full‑time instruction approved by the board,

                   (vii)  oral pathology, successful completion of a diploma or degree program in oral pathology consisting of a minimum of 22 consecutive months of full‑time instruction and successful completion of

                            (A)  the fellowship examination in oral pathology of the Royal College of Dentists of Canada,

                            (B)  the diplomate examination of the American Board of Oral Pathology, or

                            (C)  the examination leading to membership in the College of Pathologists of the United Kingdom,

                  (viii)  oral radiology, successful completion of a diploma or degree program in oral radiology, consisting of a minimum of 22 consecutive months of full‑time instruction approved by the board,

                    (ix)  prosthodontics, successful completion of a diploma or degree program in prosthodontics consisting of a minimum of 22 consecutive months of full‑time instruction approved by the board;

             (e)  payment of the annual general licence fee prescribed by the board;

              (f)  payment of the annual fee prescribed by the board for the issuance of the specialist certificate by the registrar;

             (g)  evidence satisfactory to the board of compliance with guidelines for mandatory continuing education as may be approved by the board, copies of which will be provided to each practitioner; and

             (h)  evidence satisfactory to the board that the practitioner is covered by or under a current and valid policy of professional malpractice insurance with a level of coverage equal to or greater than the minimum amount of coverage as determined and approved by the board.

             (2)  A practitioner is in good standing with the board for the purpose of subsection (1) where

             (a)  he or she is not in default of payment of fees prescribed by the regulations;

             (b)  his or her professional conduct is not the subject of disciplinary proceedings;

             (c)  his or her licence has not been suspended; and

             (d)  his or her licence is not subject to a term, condition or limitation other than one prescribed by the regulations.

             (3)  An applicant who is the holder of a fellowship in the Royal College of Dentists of Canada in any branch of dentistry referred to in paragraph (1)(d) is exempt from the qualification referred to in those paragraphs.

             (4)  The holder of every specialist certificate who is in active practice shall display his or her certificate of registration in his or her professional office in an area where it can be readily seen by his or her patients.

108/93 s6; 217/94 s3

Fee administration

        7. (1) The registrar shall mail to each licence holder or certificate holder a notice and fee payment form at least 30 days before the due date for payment of annual fees.

             (2)  The registrar shall issue a receipt to each licence or certificate holder upon receipt of the holder's completed annual fee payment form and annual fee.

108/93 s7

Fees

        8. (1) Registration fees shall be as prescribed by the board and shall be payable immediately upon or before entry of the name in the register.

             (2)  Annual licensing fees shall be as prescribed by the board.

108/93 ss8&9

Proration of fees

        9. Annual fees for all classes of licence may be prorated to a monthly base but not less than one month, and a part of a month shall be considered as a full month.

108/93 s10

Penalties

     10. (1) Annual licence fees are due by November 30 in any year.

             (2)  Fees not paid by this date shall carry an additional surcharge as prescribed by the board.

             (3)  Fees not paid by December 31 in any year will occasion a daily penalty after that as prescribed by the board following which the licence shall be cancelled.

             (4)  Subsequent re‑licensing shall depend upon full payment of the licence fee and the accumulated penalties.

108/93 s11

Cancellation through non‑payment of fees

     11. (1) A licence shall be cancelled by the board if the annual fee is not paid, together with accumulated penalties, by the time the daily penalty after December 31 in any year reached a total of $200.

             (2)  Re‑licensing shall be subject to the payment of all overdue fees and penalties.

108/93 s12

Remission of fees

     12. (1) Remission of fees because of cessation of practice may be considered by the board if the cessation is not due to penalties incurred following disciplinary procedures.

             (2)  Remission shall be on a monthly basis with a part of a month being considered as a full month.

108/93 s13

Change in address

     13. The holder of every general licence or specialist certificate shall provide written notice to the registrar of a change in address of his or her practice within 10 days of the change.

108/93 s14

Professional misconduct

     14. For the purpose of section 26 of the Act, "professional misconduct" means

             (a)  contravening a provision of the Act or of the regulations;

             (b)  failing to abide by the terms, conditions or limitation of his or her licence;

             (c)  engaging or holding oneself out as engaging in the practice of dentistry using a name other than the name of the practitioner that is permitted to be entered in the register;

             (d)  failing to maintain the standards of practice of the profession;

             (e)  charging fees that are excessive or unreasonable in relation to the service performed;

              (f)  charging fees for services not performed;

             (g)  failing to fulfil the terms of an agreement with a patient respecting professional charges;

             (h)  failing to itemize an account at the request of a patient or of an agency making payments for professional services when these payments are made directly to a dentist;

              (i)  directly or indirectly receiving, making or conferring a rebate, credit or other benefit by reason of the referral of a patient from or to another person;

              (j)  using a drug, dental appliance, dental material or dental equipment that would reasonably be considered substandard or that is not or would not be listed in the American Dental Remedies or that being substandard would constitute a hazard to a patient;

             (k)  entering into an agreement, including a lease of premises, under which the amount payable by or to a practitioner has a direct or indirect impact on the fees charged to patients of the practitioner for professional services;

              (l)  selling or supplying a drug, medical product or biological preparation to a patient at a profit except where the drug is a product or preparation necessary

                      (i)  for the immediate treatment of the patient,

                     (ii)  in an emergency, or

                    (iii)  where the services of a pharmacist are not reasonably readily available;

            (m)  failing to maintain the records that are required by these regulations to be kept in respect of a practitioner's patients or practice;

             (n)  falsifying a record regarding the examination or treatment of a patient;

             (o)  knowingly submitting a false or misleading account or false or misleading charges for services rendered to a patient;

             (p)  selling professional accounts receivable, except when they are part of the sale of a dental practice to a practitioner or group of practitioners licensed to practise dentistry in the province;

             (q)  using, with respect to a practitioner's practice, the name of another practitioner whose practice the practitioner has acquired after a period of one year from the date of the acquisition;

              (r)  announcing or holding out to the public that the practitioner is a specialist or is specially qualified in a branch of dentistry or that the practitioner limits his or her practice to a branch of dentistry where the practitioner is not qualified as a specialist and does not hold a specialist certificate in the branch of dentistry;

             (s)  engaging in the practice of dentistry under employment by or in partnership with a person or corporation, company, agency or franchise other than

                      (i)  with a practitioner who is engaged in the practice of dentistry on the premises, or

                     (ii)  as an employee or agent of a municipal or other government, a university or a hospital;

              (t)  using terms, titles or designations other than those authorized or using terms, titles or designations that are prohibited by this section;

             (u)  signing or issuing a certificate, report or similar document that contains a statement that a practitioner knows or ought to know is false, misleading or improper;

             (v)  having a conviction for an offence that might reasonably be seen to affect the fitness of a practitioner to engage in the practice of dentistry;

            (w)  improperly using the authority to prescribe, sell or dispense a drug or falsifying a record in respect of a prescription or the sale of a drug;

             (x)  engaging in the practice of dentistry while the ability to perform a professional service usually performed by a dentist or dental surgeon is impaired by alcohol or a drug;

             (y)  permitting, counselling or assisting a person who is not licensed under the Act to engage in the practice of dentistry except as provided for in the Act or these regulations;

             (z)  making a misrepresentation respecting a remedy, treatment or device;

           (aa)  refusing to allow an authorized representative of the board to enter at a reasonable time the office in which the practitioner is engaged in the practice of dentistry for the purpose of an inspection and examination of the office records and equipment of the practitioner in connection with his or her practice;

          (bb)  giving information concerning a patient's dental condition or professional services performed for a patient to a person other than the patient without the consent of the patient unless required to do so by law;

           (cc)  failing to provide within a reasonable time and without cause a report or certificate requested by a patient or his or her authorized agent in respect of an examination or treatment performed by the practitioner;

          (dd)  failing to continue to provide professional services to a patient until the services are no longer required or until the patient has had a reasonable opportunity to arrange for the services of another practitioner;

           (ee)  using, in respect of the practice of dentistry by practitioners, the designation "clinic" or "dental centre" or another designation indicative of the practice of dentistry by a group except where the board has given its prior written approval to the name of the "clinic" or "dental centre" and which lists in equal display the names of all practitioners participating in the "clinic" or "dental centre";

            (ff)  using, in respect of the practice of dentistry, the designation "dental emergency service", "dental emergency clinic" or other designation indicative of the rendering of dental emergency care by a practitioner or group of practitioners except where it is a service that is

                      (i)  operated under the sponsorship of the Newfoundland Dental Association, or

                     (ii)  performed in an office established and maintained exclusively for the purpose of rendering dental emergency care, which office has received prior approval of the board and which has a practitioner present in it for not less than 16 hours each and every day and an emergency telephone number available for the remaining time;

          (gg)  engaging in sexual impropriety with a patient;

          (hh)  abusing a patient verbally or physically;

             (ii)  contravening, while engaged in the practice of dentistry, a federal, provincial or municipal law, regulation or rule or a by‑law of a hospital passed for the purpose of regulating the provision of dental care to the public;

             (jj)  publishing, displaying, distributing or using or causing or permitting, directly or indirectly, the publication, display, distribution or use of any advertisement, announcement or information related to a practitioner's practice which includes information that

                      (i)  is false, misleading, fraudulent, deceptive, ambiguous or confusing or likely to mislead or deceive the public because in context it makes only partial disclosure of relevant facts,

                     (ii)  is not relevant to the public's ability to make an informed choice,

                    (iii)  is not verifiable by facts independent of personal feelings, beliefs, opinions or interpretations,

                    (iv)  makes comparisons either directly or indirectly with another practice or practitioner or would be reasonably regarded as suggestive of uniqueness or superiority over another practice or practitioner,

                     (v)  is likely to create expectations of favourable results or appeal to the public's fears,

                    (vi)  makes reference to an area of practice, dental procedure or treatment unless the practitioner discloses whether that practitioner is a general practitioner or certified specialist and if a certified specialist in what particular specialty, or

                   (vii)  as a result of its content or method or frequency of dissemination is such as to be reasonably regarded by practitioners as likely to demean the integrity or dignity of the profession or bring the profession into disrepute, and

for the benefit of both the public and practitioners, the board will approve and publish guidelines to assist practitioners in complying with the requirements and prohibitions contained in this paragraph;

           (kk)  engaging in conduct or an act relevant to the practice of dentistry that, having regard to all the circumstances, would reasonably be regarded by practitioners as disgraceful, dishonourable or unprofessional;

             (ll)  failing to comply with a demand made under subsection 29(4) of the Act or these regulations.

108/93 s15

Board meetings

     15. (1) The board shall meet on a regular basis on dates to be decided by the board or more often at the call of the chairperson who shall give at least 48 hours' notice of those extra meetings to all board members by letter, telegram or telephone communication.

             (2)  Conduct of board meetings shall generally adhere to Robert's Rules of Parliamentary Procedure, minutes shall be kept by the registrar and an agenda prepared for each meeting.

             (3)  Decisions of the board shall be by majority vote of members present and the chairperson shall have a second vote in the event of a tie vote.

             (4)  The board shall appoint a practitioner as its delegate to the National Dental Examining Board of Canada for a period of one year, and the appointment may be renewed annually to a maximum of 8 times.

             (5)  A vacancy in the appointment described in subsection (4) may be filled by the board for the remainder of the period of the practitioner who vacates the appointment.

108/93 s16

Disciplinary hearing

     16. (1) Upon receiving a written complaint that a practitioner or a dental auxiliary registered and licensed under the Act is guilty of an indictable offence or conduct referred to in subsection 26(2) of the Act for which the person may be subject to the penalties outlined in subsection 26(4) of the Act or of having violated the provisions of the Act or regulations, the disciplinary committee or the board shall consider the complaint and if it considers it not to be frivolous or vexatious, it shall fix a time and place for a hearing of the complaint and due notice of the time and place of the hearing together with a statement of the matter which is to form the subject of the inquiry shall be communicated to the person in respect of whom the complaint is made at least 8 clear days before the date set for the hearing.

             (2)  The disciplinary committee or the board shall meet at the time and place fixed for the hearing of the complaint and shall hear the testimony of the witnesses which shall be given under oath which may be administered by a member of the disciplinary committee or the board.

             (3)  There shall be full right to examine and cross‑examine all witnesses called and to adduce evidence in defence and reply in a disciplinary hearing.

             (4)  The disciplinary committee or the board and the person against whom the complaint is made shall each be entitled to be represented by legal counsel and the counsel for the disciplinary committee or board shall be paid by the board.

             (5)  If the person against whom the complaint is made does not attend the hearing after being notified in accordance with subsection (1), unless that failure to attend is due to circumstances beyond the person's control and the person shall have advised the disciplinary committee or board, the disciplinary committee or board may proceed in the person's absence to hear the witnesses and adjudicate upon the complaint.

             (6)  The decision of the board relating to the hearing of a complaint shall be communicated within a reasonable time frame to the person against whom the complaint was made by prepaid registered mail.

             (7)  Practitioners licensed under the Act shall co‑operate with the board or disciplinary committee in a matter of a disciplinary hearing being conducted by the board or disciplinary committee, including, without charge, supplying all written information requested by the board or disciplinary committee that the board or disciplinary committee considers pertinent to the hearing.

             (8)  The maximum penalty to be imposed upon a practitioner under paragraph 26(4)(c) of the Act is $15,000.

108/93 s17

Records

     17. A practitioner in the practice of dentistry shall exercise generally accepted standard of practice and procedures in the performance of professional services and shall

             (a)  maintain the office in which and the equipment with which the practitioner engages in the practice of dentistry in a sanitary and hygienic condition;

             (b)  make and keep clinical and financial records respecting his or her patients and the record for each patient shall contain not less than

                      (i)  the patient's history,

                     (ii)  the examination procedures used,

                    (iii)  the clinical findings obtained,

                    (iv)  the treatment prescribed and provided, and

                     (v)  the practitioner's fees and charges;

             (c)  keep the records required under paragraph (b) in a systematic manner and those records shall be retained for a period of at least 10 years after the date of the last entry in the record or until 2 years following the death of the practitioner, whichever occurs first;

             (d)  where a person other than a practitioner performs acts in the practice of dentistry on behalf of or while employed by the practitioner, ensure that the person performs only the specified acts in the practice of dentistry that are authorized by the regulations and that the specified acts are performed under the supervision of a practitioner;

             (e)  where giving direction for the making, producing, reproducing, constructing, furnishing, supplying, altering or repairing of a prosthetic denture, bridge, appliance or similar thing,

                      (i)  give the direction in writing,

                     (ii)  sign the direction,

                    (iii)  where a practitioner would reasonably consider it advisable or the person who is directed by the direction requests it, give a design impression or cast with the direction, and

                    (iv)  include the practitioner's registration number.

108/93 s18

Register

     18. (1) A book or series of books either singly or collectively to be known as the "register" will be kept by the registrar and will record the registration of all practitioners and auxiliaries subject to the Act.

             (2)  The register shall contain information concerning

             (a)  registration number;

             (b)  date of registration;

             (c)  address of residence;

             (d)  address of practice;

             (e)  name in full;

              (f)  date of birth;

             (g)  country of birth;

             (h)  nationality;

              (i)  professional qualification;

              (j)  school of graduation;

             (k)  date of graduation;

              (l)  classification of licence;

            (m)  date and reason for removal from the register;

             (n)  date of re‑registration;

             (o)  date and reason for cancellation or suspension of licence;

             (p)  date of re‑issuance of licence;

             (q)  date of retirement; and

              (r)  date of death.

             (3)  For the purposes of establishing this register, all licence holders and auxiliaries subject to sections 18 and 19 and paragraph 20(q) of the Act shall be designated a registration number of a composition and sequence to be decided by the board.

108/93 s19

Specialty Register

     19. A book to be known as a "Specialty Register" will be kept by the registrar and will list those practitioners holding speciality qualifications, and for each listing there shall be recorded

             (a)  registration number, which shall be the same as that in the register;

             (b)  date of registration as a specialist;

             (c)  name in full;

             (d)  speciality;

             (e)  institution of speciality training;

              (f)  date of speciality degree; and

             (g)  record of contraventions of the Act or regulations.

108/93 s20

Repeal

      20. The Dental Regulations, Newfoundland Regulation 108/93, are repealed.